NY PENAL LAW § 220.00

Controlled substances; definitions.

1. “Sell” means to sell, exchange, give or dispose of to another, or to offer or agree to do the same.

2. “Unlawfully” means in violation of article thirty-three of the public health law.

3. “Ounce” means an avoirdupois ounce as applied to solids or semisolids, and a fluid ounce as applied to liquids.

4. “Pound” means an avoirdupois pound.

5. “Controlled substance” means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law other than marihuana, but including concentrated cannabis as defined in paragraph (a) of subdivision four of section thirty-three hundred two of such law.

6. “Marihuana” means “marihuana” or “concentrated cannabis” as those terms are defined in section thirty-three hundred two of the public health law.

14. “School grounds” means (a) in or on or within any building, structure, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational, or high school, or (b) any area accessible to the public located within one thousand feet of the real property boundary line comprising any such school or any parked automobile or other parked vehicle located within one thousand feet of the real property boundary line comprising any such school. For the purposes of this section an “area accessible to the public” shall mean sidewalks, streets, parking lots, parks, playgrounds, stores and restaurants.

15. “Prescription for a controlled substance” means a direction or authorization, by means of an official New York state prescription form, a written prescription form or an oral prescription, which will permit a person to lawfully obtain a controlled substance from any person authorized to dispense controlled substances.

(a) “Precursor” means ephedrine, pseudoephedrine, or any salt, isomer or salt of an isomer of such substances.

(b) “Chemical reagent” means a chemical reagent that can be used in the manufacture, production or preparation of methamphetamine.

(c) “Solvent” means a solvent that can be used in the manufacture, production or preparation of methamphetamine.

(d) “Laboratory equipment” means any items, components or materials that can be used in the manufacture, preparation or production of methamphetamine.

(e) “Hazardous or dangerous material” means any substance, or combination of substances, that results from or is used in the manufacture, preparation or production of methamphetamine which, because of its quantity, concentration, or physical or chemical characteristics, poses a substantial risk to human health or safety, or a substantial danger to the environment.

17. “School bus” means every motor vehicle owned by a public or governmental agency or private school and operated for the transportation of pupils, teachers and other persons acting in a supervisory capacity, to or from school or school activities or privately owned and operated for compensation for the transportation of pupils, children of pupils, teachers and other persons acting in a supervisory capacity to or from school or school activities.

18. “Controlled substance organization” means four or more persons sharing a common purpose to engage in conduct that constitutes or advances the commission of a felony under this article.

19. “Director” means a person who is the principal administrator, organizer, or leader of a controlled substance organization or one of several principal administrators, organizers, or leaders of a controlled substance organization.

20. “Profiteer” means a person who:

(a) is a director of a controlled substance organization;

(b) is a member of a controlled substance organization and has managerial responsibility over one or more other members of that organization; or

(c) arranges, devises or plans one or more transactions constituting a felony under this article so as to obtain profits or expected profits. A person is not a profiteer if he or she is acting only as an employee; or if he or she is acting as an accommodation to a friend or relative; or if he or she is acting only under the direction and control of others and exercises no substantial, independent role in arranging or directing the transactions in question.